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1. For the protection of SZC Co. the following provisions of this Schedule have effect unless otherwise agreed in writing between the undertaker and SZC Co.
2. In this Part of this Schedule—
“SZC Co.” means NNB Generation Company (SZC) Limited (company number 09284825).
3. The undertaker shall consult with SZC Co. in the preparation of the Sizewell Gap construction method statement, to the extent that it relates to Work No. 15, prior to submission of the Sizewell Gap construction method statement to the relevant planning authority for approval in accordance with requirement 22.
4. The undertaker shall consult with SZC Co. in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 35, prior to Work No. 35 commencing.
5. The undertaker shall consult with SZC Co. in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 36, prior to Work No.36 commencing.
6.—(1) Save for urgent reasons of vessel safety and subject to sub-paragraph (2), the undertaker shall not carry out any of the authorised project (including the placement temporary or otherwise of anchors or moorings) within the area labelled “Overlap of Sizewell C Order limits with East Anglia TWO Order limits” and hatched purple on the Sizewell C Order Limits Interaction – Offshore Plan (Drawing No. EA2-DEV-DRG-IBR-001284) without having first submitted to and secured approval from SZC Co. details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.
(2) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by SZC Co. at any time.
7. Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not, to the extent that the exercise of such powers relates to the carrying out of Work Nos. 15, 35 or 36, acquire any land interest or rights or impose restrictive covenants over land belonging to SZC Co. and may not override or extinguish any easement and/or other rights or interests of SZC Co. otherwise than by agreement.
8. Any difference or dispute arising between SZC Co. and the undertaker must, unless otherwise agreed in writing between SZC Co. and the undertaker, be determined by arbitration in accordance with article 37 (arbitration) of the Order.
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